(2026:JHHC:21248) 1 Cr. M.P. No.2130 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2130 of 2026 ------ Ramlakhan Pandey, aged about 38 yrs, S/O- Late Jatu Pandey, R/O- vill- Amarwadih, Ganeshpur, P.O.- Ganeshpur, P.S.- Bariyatu, District- Latehar-829202, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Nitish Parth Sarthi, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash and set aside the orders dated 13.02.2026 and 21.05.2026 passed by the learned J.M.F.C, Hazaribagh in connection with Keredari P.S. Case No.07 of 2024 whereby and where under the proclamation under Section 82 of Cr.P.C. and the order of the attachment of the property of the petitioner under Section 83 of Cr.P.C. respectively have been issued against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is the accused person of the said case involving the offence punishable under Section 392 of the Indian Penal Code. It is next submitted that though a non-bailable warrant of arrest was issued on 12.08.2024 in connection with the said case but charge-sheet has not yet been (2026:JHHC:21248) 2 Cr. M.P. No.2130 of 2026 submitted against the petitioner. It is further submitted that the order dated 13.02.2026 by which the proclamation under Section 82 of Cr.P.C. has been issued, is bad in law and not sustainable in law as it lacks the mandatory requirement prescribed under the said Section as the proclamation has been issued without recording the proper satisfaction, that the petitioner is absconding and concealing himself. It is further submitted that the order dated 21.05.2026 is also invalid as there is no material in the record to suggest that a valid proclamation under Section 83 of Cr.P.C. was made nor is there any reason recorded and in the absence of the description of the property to be attached. Hence, it is submitted that the prayer, as prayed for by the petitioner in the instant Cr.M.P., be allowed. 4. Learned Addl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that so far as the order dated 13.02.2026 is concerned, in that case the learned Magistrate has categorically recorded his satisfaction on the basis of the execution report submitted by the Investigating Officer, in respect of the non-bailable warrant of arrest issued against the petitioner- who is the accused person of the case, that as the petitioner is absconding and concealing himself, therefore, it is not possible to execute the warrant of arrest and after recording such satisfaction, has ordered for issuance of the proclamation under Section 82 of the Cr.P.C. fixing the time and place for appearance of the petitioner- who is the accused person of the said (2026:JHHC:21248) 3 Cr. M.P. No.2130 of 2026 case. Hence, it is submitted that there is absolutely no illegality in the order dated 13.02.2026. 5. So far as the order dated 21.05.2026 is concerned, learned Addl.P.P. submits that in the said order itself, the learned Judicial Magistrate-1st Class, Hazaribagh has mentioned that the execution report of the proclamation issued under Section 82 of Cr.P.C. being received in the court on 04.05.2026. It has also been mentioned that there were photographs annexed with the petition filed for issuance of the attachment order under Section 83 of Cr.P.C. to show the proclamation made in respect of Section 82 of Cr.P.C.; by affixing the same in conspicuous place of the house and homestead of the accused person of the case being the petitioner, in presence of two witnesses whose name has been mentioned in the said order. It is further submitted that it is also clear that the learned court below has also recorded its satisfaction that the petitioner is about to dispose of whole or part of his property and about to remove the same from local jurisdiction of the court and after recording such satisfaction, has directed for issuance of the attachment of the property of the petitioner. It is lastly submitted that there being no illegality in the said order dated 21.05.2026 also; this Cr.M.P., being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that as already mentioned above in the foregoing paragraphs of this judgement; so far as the order dated (2026:JHHC:21248) 4 Cr. M.P. No.2130 of 2026 13.02.2026 is concerned, the learned Magistrate has recorded its satisfaction that the petitioner is absconding and concealing himself to evade his arrest and for that, the non-bailable warrant of arrest issued against the petitioner could not be executed and after being thus satisfied and recording such satisfaction, the learned Magistrate has ordered for issuance of the proclamation under Section 82 of Cr.P.C. fixing the time and place of appearance of the petitioner. Thus, this Court do not find any illegality in the order dated 13.02.2026 passed in connection with Keredari P.S. Case No.07 of 2024. 7. So far as the order dated 21.05.2026 is concerned, this Court is of the considered view that the learned Judicial Magistrate-1st Class, Hazaribagh, after being satisfied that the proclamation made under Section 82 of Cr.P.C. has been duly made and after being satisfied that the petitioner is about to dispose of whole or part of any of his property, has directed attachment of the property of the petitioner, who is the proclaimed person. So, this Court also do not find any illegality in the order dated 21.05.2026 passed in the said Keredari P.S. Case No.07 of 2024 warranting interference of this Court with the same, in exercise of its power under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In view of the discussions made above, since there is no illegality in the said two orders, this Court is of the considered view that there is no justification for acceding to the prayer of the petitioner made by the petitioner in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (2026:JHHC:21248) 5 Cr. M.P. No.2130 of 2026 9. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of July, 2026 AFR/ Animesh Uploaded on- 20/07/2026